Effective January 1, 2017, new legislation signed by Governor Brown, AB 813 provides a new method by which a non-citizen or undocumented immigrant facing deportation may vacate a conviction or sentence whenever one of two criteria apply:
1) a prejudicial error occurred with respect to the advice or defense given regarding the adverse immigration consequences of a conviction; OR
2) Newly discovered evidence of actual innocence exists that requires vacation of the conviction.
The most common scenario where this new form of relief may apply is when your criminal defense attorney failed to properly advise, or take the proper steps to defend against, the adverse immigration consequences of your plea of guilty or no contest.
In the event you or someone you know is facing deportation proceedings because of a criminal conviction, this is a new valuable method by which you may seek potential relief.
Contact my law office now for a free consultation.
